Please Help Paid Capital One Charge Off

Discussion in 'Credit Talk' started by rubberduck, Sep 29, 2008.

  1. rubberduck

    rubberduck New Member

    My head is spinning. I paid a charge-off amount of $1245.49 to Capital One on Sept. 2nd because they were taking me to court (I was delinquent on payments 9 months).

    On Sept. 3rd they issued a letter to me showing a balance of $38.26. I didn't understand what the balance was for, but wanting to wash clean of the debt I paid it on Sept. 19th.

    Now today, I get another letter thanking me for my payment, and showing a new balance of $51 as of Sept. 23rd!

    What the heck is going on?? I'm confused and don't know what to do. It seems like extortion. I can't keep sending them money for the rest of my life. I want to call and tell them off, but what I read you shouldn't talk to them. Is there anything legally I can do? Thank you for any advice.
     
  2. jjgross

    jjgross Well-Known Member

    Since you paid almost in full you shouls contact them and speak to a manager and get one final total have them put it in writing.That should end it.
     
  3. sparq

    sparq Well-Known Member

    Did you get that settlement in writing? What was the wording? If you received a letter stating that they are "accepting settlement in the amount of $1245.49" (or something similar), I would think you would be able to simply remind them that the debt was fully settled, and would they please review their records. If they were suing you for an amount after the settlement, I would also think that you'd be able to raise the affirmative defense of "satisfaction & accord" and have it all shut down pretty quickly.

    I had a similar incident with Cap One, and I kept all my paperwork (the terms of the settlement and the cancelled checks). If they come after me for the remaining few hundred bucks, that's my defense.

    Sound right, forum long-timers?
     

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